* NOTICE: YOU MUST READ THIS AGREEMENT BEFORE ANY USE OF THE PRODUCT *
For Retail Edition users
This package contains licensed product. The product is licensed to you by Ingenuity Works Inc., (not sold to you). You may only use the product in accordance with the terms and conditions of this written agreement. If you use the product you are bound by the terms and conditions of this written agreement. If, after reading this agreement you do not agree to its terms, you must return the product unused, and in its original package to Ingenuity Works Inc. along with the original invoice. You will be provided with a full refund.
As you read this agreement, remember that the words ΓÇÿYouΓÇÖ or ΓÇÿYourΓÇÖ refer to the person who initially obtained the product from Ingenuity Works Inc. or its dealer. In the case where the product has been transferred in accordance with this agreement, then the words, ΓÇÿYouΓÇÖ and ΓÇÿYourΓÇÖ refer to the transferee.
LICENSE. Ingenuity Works Inc. hereby agrees to grant you a non-exclusive license to use the computer program and the accompanying documentation (the ΓÇÿProductΓÇÖ) in the accompanying package, subject to the terms and restrictions set forth in this Agreement.
COPYRIGHT. The Product is copyrighted. You may not copy or reproduce any part of the Product except for backup use according to the terms herein. In the event of any conflict with the terms of a Copyright Act, Ingenuity Works Inc.ΓÇÖs Software Licensing Agreement shall prevail.
RESTRICTIONS ON USE AND TRANSFER. You have licensed a Retail (Single) Edition, and may install the program on one computer. You may not distribute copies of the Product to others. You may transfer the license granted under this Agreement together with the original and a backup copy of the computer program provided that you provide this Notice and Agreement to the transferee and bring it to the transfereeΓÇÖs attention. The Product may not be modified or translated without written permission from Ingenuity Works Inc.
YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE PRODUCT, OR ANY COPY, MODIFICATION OR MERGED PORTION THEREOF, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
NO WARRANTY OF PERFORMANCE. INGENUITY WORKS INC. DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED BY USING THE PRODUCT. ACCORDINGLY, THE PRODUCT IS LICENSED ΓÇ£AS ISΓÇ¥ WITHOUT WARRANTY AS TO ITS PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU.
LIMITED WARRANTY FOR CD-ROMS. To the original licensee only, Ingenuity Works Inc. warrants the CD-ROM on which the computer program part of the Product is recorded and the documentation part of the Product to be free from defects in material and faulty workmanship under normal use and service for a period of up to one year from date of purchase. If a defect in the CD-ROM or in the documentation should appear, the CD-ROM and the documentation may be returned to Ingenuity Works Inc. at the address noted. Ingenuity Works Inc. will replace the CD-ROM and documentation without charge to you. In order to issue replacements, Ingenuity Works Inc. must be in receipt of the damaged goods.
LIMITATION OF LIABILITY. Neither Ingenuity Works Inc. nor anyone else who has been involved in the creation, production or delivery of the product shall be liable for any direct, incidental or consequential damages, such as, but not limited to, loss of anticipated profits or benefits resulting from the use of the product or arising out of any breach of any warranty.
TERM. The license granted under this agreement is effective until terminated. You may terminate it at any time by destroying the product together with all copies, modifications and merged portions thereof in any form. It will also terminate if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the Product together with all copies, modifications and merged portions thereof in any form.
YOUR USE OF THIS PRODUCT ACKNOWLEDGES THAT YOU HAVE READ THIS SOFTWARE LICENSE AGREEMENT AND AGREE TO ITS TERMS. YOU FURTHER AGREE THAT THE AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
FINALLY. YOU AGREE THAT YOU HAVE BEEN AFFORDED A FULL OPPORTUNITY TO RECEIVE A REFUND BEFORE USE OF THE PRODUCT, AND THAT THE CONSIDERATION PAID FOR USE OF THE PRODUCT SHALL ONLY BECOME FINAL UPON YOUR COMMENCING USE OF THE PRODUCT.
